Opinion: Not every good idea belongs in Florida's Constitution

Florida is currently undergoing its every two decades citizens’ initiative process, whereby the Constitution Revision Commission has reviewed more than 100 potential amendments and is deciding which amendments should go before Florida voters for consideration on the 2018 ballot.

What many Florida voters may not realize is the Commissioners aren’t elected members of a legislative body. Unlike the Florida Legislature, the Commission isn’t designed to resolve long-standing, heavily debated complex issues. I think we can all agree these types of issues are not best dealt with by placing narrow and often confusing verbiage on the ballot.

According to former Supreme Court Justice Kenneth Bell, who serves alongside me on the Foundation of Associated Industries of Florida CRC Working Group, the purpose of a state constitution should be “limited to the core or fundamental law of the state, with more detailed measures left to statutory law,” as outlined in “A Guide to Amending Florida’s Constitution.”

However, the CRC is doing exactly that – they’re currently dealing with heavy, complex issues that have been before the Legislature without resolution. Some may think if the Legislature cannot reach a decision on an issue, the next step is inclusion in our state’s core document. An often incorrect assumption.

A classic example of how not to amend a state constitution occurred in 2002 when a proposed amendment was added to the ballot via citizen initiative to prevent caging of pregnant pigs. Yes, encased in our most precious document is language regarding pregnant pigs. A debate-worthy issue perhaps before the Legislature, but not in the state constitution. Due to its inclusion, nationwide discussions ensued that Florida was “the next California,” where government by referendum could make the state all but ungovernable. It hasn’t reached that point, but there are signs it could head in that direction.

Ask yourself: Would a similar measure belong in the U.S. Constitution? The U.S. Constitution is a document that’s lasted over two centuries, remains focused on ensuring government doesn’t intrude upon the constitutional rights of citizens, and offers a clear and concise description of how national government should be structured. Shouldn’t the purpose of the state instrument be similar in nature and composition? The U.S. Constitution has 8,770 words, whereas, the Florida Constitution has more than 44,000 words. What does that tell you?

It tells us we should be very selective. As this process continues, we encourage you to ask yourself if the constitution is the right place for each issue.

If you support an idea, but it isn’t one that belongs in Florida’s constitution but rather in statutes, we urge you to contact your local legislators and tell them you support the idea, but not its inclusion in our state constitution.

Dr. Ed Moore is the president of the Independent Colleges and Universities of Florida and is member of the Foundation of Associated Industries of Florida’s Constitution Revision Commission Working Group.